Legal Opinion
Piercy, Inc. v. Williams Equipment Corp. (In re Piercy, Inc.)
District Court, D. Maryland
Decided March 20, 1992No. Bankruptcy No. 90-5-0051-JS; Adv. No. A90-0221-JSPublished
1Opinion of the Court
MEMORANDUM OPINION DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT
JAMES F. SCHNEIDER, Bankruptcy Judge.
This is a complaint brought by the debt- or-in-possession to avoid lien pursuant to Section 544(a) of the Bankruptcy Code. The parties have both filed motions for summary judgment, contending that each is entitled to judgment as a matter of law. For the reasons stated, both motions will be denied.
The U.S. Court of Appeals for the Fourth Circuit stated in the case of Miller v. F.D.I.C., 906 F.2d 972 (1990):
Summary judgments are appropriate in those cases where there is no genuine dispute as to a…
2Cases cited10 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- N. Brown FELTY, Plaintiff-Appellant, v. GRAVES-HUMPHREYS COMPANY, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
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